‘Virginia Access to Justice Act’ aims to make it easier to navigate state legal system

RICHMOND, Va. (WRIC) -- A bill aims to help Virginians better navigate the state's legal system, outlining improvements like making lawyers more accessible and making justice more achievable. House Bill 1865, otherwise known as the "Virginia Access to Justice Act" (VAJA), was introduced by Del. Katrina Callsen (D-Charlottesville). If passed, it would implement several expansions to the Commonwealth's justice system, with a focus on making justice accessible. Firstly, the bill would require that a public defender office be established in each judicial circuit. A public defender is a lawyer who represents someone who cannot otherwise afford a lawyer. According to the bill's text, only certain localities currently have such offices. It would also require an appellate defender office to be established. This would serve those who cannot afford a lawyer when appealing their convictions in the Court of Appeals of Virginia or the Supreme Court of Virginia. Bill would establish parent ‘bill of rights’ within Virginia’s public schools The Code of Virginia dictates that these such lawyers -- otherwise known as "court-appointed lawyers," as those who cannot afford counsel are assigned one upon request -- are paid a "reasonable expense" by their respective court on a case-by-case basis, depending on the work involved. This bill would raise the cap on what these lawyers can be paid, with that total varying based on the charge and/or court system the court-appointed lawyer is working with. The increases as outlined by the bill range from about $100 to just shy of $300. The VAJA would also change prosecution requirements for certain classes of misdemeanors. In the state of Virginia, Commonwealth's Attorneys are not required to prosecute Class 1, 2 or 3 misdemeanors. There are four types of misdemeanors in Virginia, with 4 being the least serious and 1 being the most. This bill would require that any violation with a conviction that carries a penalty of jail time and/or a fine of $500 or more -- including crimes that fall under all four classes of misdemeanors -- be prosecuted by the Commonwealth's Attorney Office with jurisdiction over the case. It's this point that prompted Alfred Collins, III, the Commonwealth's Attorney of Colonial Heights, to put his support behind the bill. In a statement issued Tuesday, Jan. 21, Collins said that the current gap in prosecution is a "loophole" that leaves victims without a path to justice. No more plastic shopping bags? Bill wants to make them illegal at Virginia grocery stores “Victims navigating the criminal justice system all too often face additional burdens: cases may take months to move forward due to a lack of defense attorneys, or victims in misdemeanor trials may have to present their case without a prosecutor,” Collins said. “By ensuring both sides of the criminal system are appropriately funded, this bill will ease the burden on victims.” Collins added that his office regularly prosecutes these classes of misdemeanors. He provided the recent elder abuse case at the Colonial Heights Rehabilitation Center as an example, which involves an older adult who died after leaving the nursing center's care. "[That case,] currently pending with 18 defendants, are Class 1 misdemeanors," Collins said. "These cases are not mandated to be prosecuted under the current state of the law, but my Office has always taken the position on prosecuting these types of cases where victims have no voice or representation." As of the time of reporting, the VAJA awaits the review of the House of Delegates' Committee for Courts and Justice.